Justice Mojisola Olatoregun of a Federal High Court in Lagos has ordered the temporary forfeiture of N9.2 billion and $8.4 million allegedly linked to former First Lady, Dame Patience Jonathan, to the Federal Government.
The order made on April 20, was as a sequel to the granting of an ex-parte motion filed by the Economic and Financial Crimes Commission (EFCC) seeking the forfeiture of the funds said to be proceeds of unlawful activities.
The funds were said to be in the custody of Skye Bank Plc., Diamond Bank Plc., Stanbic IBTC Bank and First Bank Plc.
In granting the motion, Justice Olatoregun directed the anti-graft agency to publish the order in a national daily for the respondents or anyone interested in the funds sought to be forfeited to appear before the court to show cause within two weeks why a final forfeiture should not be made in favour of government.
Further hearing in the matter has been adjourned to Friday.
EFCC’s lawyer, Rotimi Oyedepo, had earlier on January 15, appeared before the judge with an ex-parte application, seeking the temporary forfeiture of the funds.
However, the move was abruptly interrupted by a train of silks led by Chiefs Ifedayo Adedipe and Mike Ozekhome, who challenged the court’s jurisdiction to entertain the application.
In their submissions, the silks argued that the funds, which the EFCC seeks to seize were already subject of litigation at another court.
The court had then directed EFCC to file an affidavit showing that the issue is not a subject of litigation at another court as alleged by the respondents’ lawyers.
The motion was subsequently struck out by the judge on April 14 for being an abuse of court’s process.
However, the motion was later re-filed on April 19 by the EFCC after consolidating all similar motions as directed by the court.
Mrs. Jonathan, five firms and one, Esther Oba were listed as respondents in the suit.
The firms that were listed as second to sixth defendants were; Globus Integrated Services Limited, Finchley Top Homes Limited, Am-Pm Global Network Limited, Pagmat Oil and Gas Limited and Magel Resort Limited.
An investigator with EFCC, Huleji Tukura, who deposed to a 15-paragraph affidavit in support of the ex-partemotion, claimed that investigations by the anti-graft agency revealed that the funds found in the bank accounts linked to Jonathan emanated from the coffers of Bayelsa State. The funds were said to have been moved at a time when the former first lady served as a permanent secretary in one of the ministries in that state.
According to Tukura, Mrs. Jonathan first opened a First Bank account and then “procured” the then Senior Special Assistant to former President Goodluck Jonathan on Domestic Affairs, Waripamo-Owei Dudafa, to fund the account with “proceeds of unlawful activities.”
“The said Dudafa Waripamo-Owei procured one Festus Isidohomen Iyoha and Arivi Eneji Peter, who were domestic staff attached to the State House, Abuja, to deposit the funds, reasonably suspected to be proceeds of unlawful activities, into account of the 1st respondent (Patience).
“In depositing the funds into the account of the 1st respondent, the said domestic staff, in a bid to conceal their identity, deposited the funds, reasonably suspected to be proceeds of unlawful act, into the 1st respondent’s account, using fictitious names.
“The total sum of $4,036,750 reasonably suspected to be proceeds of unlawful activities, were deposited into account No. 2022648664 domiciled in First Bank Plc. in the name of the 1st respondent.
“On the 28th day of September 2016, the 1st respondent, in dissipating the property sought to be forfeited, transferred the sum of $3,640,794.72 to the 1st respondent’s account No. 2031277178 domiciled in First Bank Plc.
“On the 5th day of October, 2016, the 1st respondent withdrew the sum of $1,000,000 cash from the said account leaving the balance of the sum of $3,645,013.73 which sum we are urging this honourable court to forfeit in the interim to the Federal Government of Nigeria.
“As at the time the various sums were deposited into exhibit EFCC01, the 1st respondent was a serving permanent secretary in the employment of the Bayelsa State government.
“The funds sought to be forfeited to the Federal Government of Nigeria are not the 1st respondent’s lawful earnings, but are rather reasonably suspected to be proceeds of unlawful activities,” the deponent averred.
The deponent further stated that the companies mentioned in the application were not into “any legitimate income-yielding business venture,” but were rather incorporated at the Corporate Affairs Commission (CAC) for the purpose of warehousing proceeds of unlawful activities for the former first lady.
He claimed that every now and then, domestic servants at the Presidential Villa were sent to deposit money into the companies’ accounts for Mrs. Jonathan.
“The depositors into this account are domestic staff of State House, Abuja, who were procured by the said Dudafa Waripamo-Owei to deposit the funds sought to be forfeited in a bid to conceal the true origin of the funds,” Tukura said.
Making specific reference to Globus Integrated Services Ltd., Tukura said: “None of the directors of the 2nd respondent are signatories to the said account.”
The 2nd respondent was also said to have opened account number 2110002269 with Skye Bank Plc. mainly to retain proceeds of unlawful activities.
The deponent further averred that accounts were opened in the name of the 4th-6th respondents in Diamond Bank Plc. solely to retain funds reasonably suspected to be proceeds of unlawful activities.
“Account No. 0016971559 was opened in the name of the 4th respondent (Am-Pm Global Network Limited) with Stanbic IBTC Bank and was used to warehouse N317,397,458.26 reasonably suspected to be proceeds of unlawful activities,” the deponent said.
